Khyber-Pakhtunkhwa Chief Minister Ali Amin Gandapur. Photo: SCREENGRAB
PESHAWAR:
The Peshawar High Court (PHC) has accepted a petition filed by former Khyber-Pakhtunkhwa Chief Minister Ali Amin Gandapur, directing the federal and provincial authorities to remove his name from the Passport Control List (PCL).
A two-member bench comprising Justice Syed Arshad Ali and Justice Waqar Ahmad heard the petition on Thursday. During the proceedings, the bench questioned under what legal provision a person’s name could be added to the PCL merely on the basis of a First Information Report (FIR).
Justice Arshad Ali observed that the court must know which types of FIRs justify inclusion of a person’s name in the list, while Justice Waqar Ahmad noted that such powers lie solely with the federal government and require cabinet approval, which, in this case, was absent.
Counsel for the petitioner, Advocate Basheer Khan Wazir, argued that his client was being politically victimized and prevented from traveling abroad by being placed on the PCL. He maintained that the move was motivated by Gandapur’s affiliation with the opposition.
The Assistant Attorney General, Taimoor Khan, and a representative from the Immigration and Passport Department appeared on behalf of the government. They contended that Gandapur’s name was added due to multiple FIRs lodged against him.
However, the court observed that the existence of FIRs alone did not justify such an action. The immigration representative conceded that their department had only made a recommendation, not a final decision, while the Assistant Attorney General suggested that the FIA be asked to respond, a suggestion the court rejected, stating that the FIA had “no role in this matter.”
After hearing all arguments, the bench accepted the petition and ordered that Gandapur’s name be immediately removed from the Passport Control List.
